Researching Immigration Law

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October 9, 2013. Presented by Wilhelmina Randtke. Electronic Services Librarian. Sarita. . Kenedy. East Law Library. St. Mary’s University School of Law. Overview:. Researching Immigration Law. Major laws. ID: 194698 Download Presentation

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Researching Immigration Law




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Presentations text content in Researching Immigration Law

Slide1

Researching Immigration Law

October 9, 2013

Presented by Wilhelmina Randtke

Electronic Services Librarian

Sarita

Kenedy

East Law Library

St. Mary’s University School of Law

Slide2

Overview:Researching Immigration Law

Major laws

The Immigration and Nationality Act of 1952, as amended

The Immigration Reform and Control Act of 1986

Illegal Immigration Reform and Immigration Responsibility Act of 1996

Codified in US Code and CFR

Title 8 (Aliens and Nationality)

Title 22 (Foreign Relations)

Slide3

Administrative courtsDOJ Board of Immigration Appeals (BIA)USCIS Administrative Appeals Office (AAO)Administrative GuidanceUSCIS MemorandaUSCIS Adjudicator’s Field ManualUS Customs and Border Protection Inspector’s Field ManualUS Department of State Foreign Affairs Manual

Overview:

Researching Immigration Law

Slide4

The flavor of immigration law

Slide5

Laws and Regulations:The flavor of immigration law

Major lawsThe Immigration and Nationality Act of 1952, as amendedThe Immigration Reform and Control Act of 1986Illegal Immigration Reform and Immigration Responsibility Act of 1996Enforcement and AdministrationDepartment of Homeland Security formed in 2002U.S. Citizenship and Immigration Services formed in 2003U.S. Immigration and Customs Enforcement formed in 2003

Notice anything about the laws and agencies?

Slide6

Laws and Regulations:The flavor of immigration law

Major lawsThe Immigration and Nationality Act of 1952, as amendedThe Immigration Reform and Control Act of 1986Illegal Immigration Reform and Immigration Responsibility Act of 1996Enforcement and AdministrationDepartment of Homeland Security formed in 2002U.S. Citizenship and Immigration Services formed in 2003U.S. Immigration and Customs Enforcement formed in 2003

Notice anything about the laws and agencies?

Slide7

INS to DHS

Know that USC and CFR will refer to defunct federal structures.Check the Homeland Security Act of 2002 for transferred functions.Functions were transferred elsewhere, too. An old INS function might not be in DHS.

Who? What?

???

!!!

Slide8

The flavor of immigration law:Overlapping areas of law

They're taking our jobs... ... collecting welfare...

Slide9

Slide10

Two big changes in 1996:

Illegal Immigration Reform and Immigration Responsibility Act of 1996Personal Responsibility and Work Opportunity Act of 1996 (PRWORA)

Slide11

Start broad, move to details.

Research Framework

Understand the question asked.

Slide12

Research framework

Use secondary sources to find primary sources.

Secondary source = books, law review articles, CLEs, practice manuals, advocacy groups

Primary source = binding law, precedent

Use primary sources to nail down the law

Binding

vs

Persuasive

Binding authority is better.

Make sure you look in the same jurisdiction.

Slide13

Research framework

Use secondary sources to find primary sources.

Secondary source = books, law review articles, CLEs, practice manuals, advocacy groups

Primary source = law, precedent

Use primary sources to nail down the law

Binding

vs

Persuasive

Binding authority is better.

Make sure you look in the same jurisdiction.

Slide14

Laws and Regulations

When researching laws and regulations, make sure the law applies to your situation. Always check the definitions.

Slide15

Binding vs Persuasive

What court are you in front of?Where would an appeal go? Board of Immigration Appeals?Administration Appeals Office?Federal district court (in which circuit)? When searching case law, check coverage for the database you are looking in.

Westlaw and Westlaw Next: Lower case

i

in a circle

Lexis

Nexis

: Lower case

i

in a box

Lexis Advance: Browse sources, click name of source, “View all information about this source”

Slide16

Case law for immigration

Cases start in an administrative system, then can appeal through administrative system up to federal court.Federal courts review administrative decisions. Federal court decisions are binding on that circuit, persuasive on other circuits.

Administrative Courts

Slide17

Case law for immigration

Administrative courts:

USCIS

Administrative Appeals Office (AAO)

DOJ

Board of Immigration Appeals (BIA)

Slide18

USCIS Administrative Appeals Office (AAO)

Progress of a case:

Petition is filed with USCIS regional service center or district office. Decision is made.

Can appeal decision to USCIS AAO.

Can appeal that decision to federal court.

Where to find AAO decisions:

Lexis Advance (Browse Sources

 search AAO)

Lexis

Nexis

(Find a Source  search AAO)

WestLaw (Search for a database  FIM-BIA)

WestLaw Next (Browse  All Content (tab)  click Administrative Decisions and Guidance  Administrative Appeals Unit Decisions)

EOIR Virtual Law Library (

http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html

)

Slide19

DOJ Board of Immigration Appeals (BIA)

U.S. Department of Justiceis overExecutive Office for Immigration Reviewis overBoard of Immigration Appeals

Slide20

Progress of a case:Immigration Judge in the Department of Justice makes a decision.This can be appealed to the BIA.This can be appealed to federal court.Where to find BIA decisions:Lexis Advance (Browse Sources  search BIA)Lexis Nexis (Find a Source  search BIA)WestLaw (Search for a database  FIM-BIA)WestLaw Next (Browse  All Content (tab)  click Administrative Decisions and Guidance  Board of Immigration Appeals Decisions)EOIR Virtual Law Library (http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html )

DOJ Board of Immigration Appeals (BIA)

Slide21

EOIR Virtual Law Library

Slide22

Agency materials

Memos, field manuals, guidance

Field manuals

USCIS

Adjudicator’s Field Manual

US Customs and Border Protection

Inspector’s Field Manual

US Dept. of State

Foreign Affairs Manual

Slide23

USCIS Adjudicator’s Field Manual

“comprehensively details USCIS policies and procedures for adjudicating applications and petitions”

Slide24

US Customs and Border Protection Inspector’s Field Manual

Manual for Customs and Border Protection inspectors. Agency does not maintain a public version.Released in response to a FOIA request, and slowly getting out of date.FOIA release: http://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2012/02/17/cbp-inspector-s-field-manual-online.aspx FOIA release with formatting cleaned up: http://shusterman.com/pdf/cbpinspectorsfieldmanual.pdf

Slide25

US Dept. of State Foreign Affairs Manual

Slide26

Researching Immigration Law

October 9, 2013

Presented by Wilhelmina Randtke

Electronic Services Librarian

Sarita

Kenedy

East Law Library

St. Mary’s University School of Law


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